Privacy, freedom of expression and cyberSLAPPs: fostering anonymity on the internet?

Abstract

There are many examples where the law intervenes to redress the balance between the less powerful and the more powerful either explicitly via statutory protection for consumers or tenants for instance, or implicitly in the manner in which basic human rights are protected against the might of the State or the power of certain individuals or groups. To what extent will the law protect those who use anonymity to ensure their privacy or to enable them to engage in public debate without the fear of reprisal and recrimination? This issue has been brought sharply into focus by the increasing use of the Internet as a participative forum and by consequent lawsuits that have attempted to unmask those using the shield of anonymity in this way. This paper assesses the extent to which anonymity or pseudonymity are necessary safeguards for the protection of the individual online and evaluate the justifications for removing its protection.